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kejjp00
New Member

Penalty Tax on Company Pension Distribution taken before 59 1/2?

I was fortunate enough to retire at 53 and my company offered a pension that I could begin taking payments at 55.  The pension was not something I had to pay into and it is from the company (not an IRA or 401K).  As I receive payments that are the same for every month for the rest of my life, will I be liable for the early distribution tax penalty of 10% until I am 59 1/2 or will I be able to claim an exception that I am receiving a "series of substantially equal payments?"  It is not clear to me if this penalty only applies to IRA and 401K distributions or if pension payments are also subject to the additional tax.   Does a pension with the same payment every month automatically meet the standard to be considered a SEPP?

 

I have not received a 1099-R yet since I have been retired so I am not sure how my 1099-R Box 7 will be coded with a 1 for Early Distribution, no known exception or with a code 2 for Early Distribution, exception applies.  If the company uses a code 1, do I just fill out the form 5329 stating that I should have the SEPP exception?  

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1 Reply

Penalty Tax on Company Pension Distribution taken before 59 1/2?

@kejjp00 

 

You should be OK, as long as:

a) you didn't actually have your pension monthly payments started until after you reached age 55, and

b) they code box 7 with a "2".

 

I did similarly retire early, after age 55, but before age 59.5, with a traditional pension plan.  They coded box 7 with a "2" and TurboTax handled it just fine. One of the software follow-up questions asks if you received periodic payments from that account, and you just check the box for "Yes, I got regular payments from this retirement account."  Thus...No penalty, just normal taxation.   

 

(English majors may take issue with the word "got"....I recall an old grammar guidance that says it is "a weed that grows in sentences")

______________

The year I turned age 59.5, they (Fidelity NetBenefits handled it for my company pension), sent two 1099-R forms.  One with just the before age 59.5 $$, with box 7 containing a code "2", and another 1099-R for the $$ received after I turned 59.5 and box 7 coded with a "7".

____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*

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